[2017] KEELC 85 (KLR)

[2017] KEELC 85 (KLR)

The court found that the consent signed by both parties' advocates regarding the valuation of Plot No. 114 Mikinduri Market was properly executed and binding. There being no evidence of fraud or collusion, the court adopted the consent as an order, directing the Government Valuer to ascertain the current market...

Source-derived case information.

Citation
[2017] KEELC 85 (KLR)
Parties
Applicant: Johana M’ Akwalu M’Limungi; Respondent: County Government of Meru
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 12 of 2017
Procedural Posture
Constitutional Petition / Consent Order
Outcome
Consent adopted as order of the court.
Legal Topics
Valuation of Land, Market Value Assessment, Consent Orders
Source Language
en
Land and Property Valuation of Land Market Value Assessment Consent Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Johana M’ Akwalu M’Limungi

Applicant

County Government of Meru

Respondent

Procedural Posture

Constitutional Petition / Consent Order

Legal Issues

  1. 1 Whether the parties' consent on land valuation should be adopted as a binding court order.
  2. 2 Whether the Government Valuer should ascertain the current market value of Plot No. 114 Mikinduri Market.

Ratio Decidendi

The court found that the consent signed by both parties' advocates regarding the valuation of Plot No. 114 Mikinduri Market was properly executed and binding. There being no evidence of fraud or collusion, the court adopted the consent as an order, directing the Government Valuer to ascertain the current market value of the land and file a report within 45 days. The adoption of the consent order resolved the matter as agreed by the parties, in accordance with established legal principles governing consent orders in Kenyan law.

Court Disposition

Consent adopted as order of the court.

Orders

  • The Government Valuer shall visit Plot No. 114 Mikinduri Market to ascertain the current market value of the land within 45 days and file a report to the court.